Calcutta High Court (Appellete Side)
Goutam Kumar Nath & Ors vs Nirode Kumar Das & Ors on 8 May, 2025
08.05.2025 Court No.652 Sl. No.15 Mujahid CO 1534 of 2024 Goutam Kumar Nath & Ors.
Vs. Nirode Kumar Das & Ors.
Mr. Srijib Chakraborty, Mr. Aditya Mondal, Mr. Debdut Banerjee ...for the petitioners Mr. G.C. Ghosh, Sr. Adv., Mr. P. K. Banerjee, Mr. R. Mondal ...for the opposite parties Affidavit of service filed by the petitioner is kept on record.
At the outset, Mr. G.C. Ghosh, learned senior counsel for the opposite parties has relied upon the judgment of Calcutta High Court in Ranjit Kumar Banerjee vs. Gour Hari Mukherji reported in AIR 1956 (Cal) 655, wherein it was categorically held that Section 24 of CPC does not apply to execution proceedings.
Mr. Charaborty, learned counsel for the petitioner has relied upon the Full Bench judgment of Madras High Court in P. Madhavan Unni vs. M. Jayapandia Nadar reported in 85 L.W. 606, 2 wherein it was held that Section 24 of CPC would apply to execution proceedings. Learned counsel for the petitioner submits that the Full Bench judgment of Madras High would take precedence over the Division Bench Judge at Calcutta High Court.
Mr. Ghosh, learned senior counsel has disputed the proposition. Both the parties seek time to place the law on this point.
Let the matter appear on 20th May 2025. In the meantime, if the matter execution proceedings are listed before the learned trial court, learned trial court is requested to defer the proceedings till the present petition is decided by this court.
Department is to send the copy of the learned trial court.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Dinesh Kumar Sharma, J.)